Case law

Shawmut Bank, N.A. v. Buckley

422 Mass. 706 · Massachusetts Supreme Judicial Court · May 17, 1996

to fifty per cent of the value of [her] adjusted gross estate as finally determined for federal estate tax purposes . . . but only to the extent that such interests are included in determining my gross taxable estate and qualify … In addition, the construction of a testamentary instrument “clearly turns on questions of State law,” Dana v.

Jackson v. Harvard University

721 F. Supp. 1397 · District Court, D. Massachusetts · Aug 14, 1989

[Does the work] ‘... establish her reputation as a respected researcher in Marketing^?]” … Consequently, she claims, defendants’ articulation of her alleged lack of creativity as the reason she was denied tenure was clearly pretextual.

Ventura

District Court, D. Massachusetts · Nov 26, 2025

the doctrine of absolute judicial immunity. … To establish a prima facie case for discrimination under Title II, Plaintiff must show that he (i) is a “a qualified individual with disability,” (ii) was “either excluded from participation in or denied the benefits of

Commonwealth v. Gilbert

366 Mass. 18 · Massachusetts Supreme Judicial Court · Jul 16, 1974

We believe he was clearly qualified to give testimony on the subject. Wilton M. Krogman, a professor of anatomy with a Ph. D. in physical anthropology, also testified for the Commonwealth. He corroborated Dr. … This finding is clearly in accord with Whiteley v. Warden, Wyo. State Penitentiary, 401 U. S. 560 (1971).

Albee v. New England Medical Center Hospitals, Inc.

7 Mass. L. Rptr. 593 · Massachusetts Superior Court · Oct 30, 1997

a continuing violation. 6 With those incidents included in the analysis, his claim clearly does meet that standard. … Clearly there is contrary evidence, among which are contradictions in Albee’s own conduct and statements. But the existence of conflicting evidence warrants a trial, not summaiy judgment.

Anthony v. Com. of Mass.

415 F. Supp. 485 · District Court, D. Massachusetts · Mar 29, 1976

I or making any certification of persons qualified for those positions to the appointing agencies. … Theoretically, women are not barred from qualifying as preferred veterans.

In re Feliciano

487 B.R. 47 · United States Bankruptcy Court, D. Massachusetts · Feb 20, 2013

Although not articulated clearly, the debtors appear to be arguing that their earlier occupancy of the Yauco property coupled with their ongoing intention to return there should equate with use for the purposes of satisfying … If a residence is uninhabitable it cannot be “used” for purposes of qualifying for the federal exemption.

Commonwealth v. McMullen

93 Mass. App. Ct. 1107 · Massachusetts Appeals Court · Apr 25, 2018

established probable cause for the stop-particularly when the sergeant compared the defendant's speed to that of other vehicles on the road. … This, in his view, qualified him for sentencing under § 24D. We disagree.

Niser ex rel. Niser v. Town of Clinton

6 Mass. L. Rptr. 409 · Massachusetts Superior Court · Feb 24, 1997

The major decisions establish several familiar elements of the “discretionary function” concept. … Probation officers’ negligent supervision of probationers also does not qualify. A.L. v. Commonwealth, 402 Mass. 234, 245-46 (1988).

State Street Trust Co. v. United States

160 F. Supp. 877 · District Court, D. Massachusetts · Mar 19, 1958

No trust was established for a fourth child since the decedent thought that she was sufficiently well provided for by her husband. … They immediately established trusts of the same property which incorporated the desired changes and named the decedent and the Old Colony Trust Company co-trustees. Nine months later Mr.

Mervis v. Elm Street Realty Trust

1999 Mass. App. Div. 50 · Massachusetts District Court, Appellate Division · Feb 9, 1999

On those matters, there were no significant factual disputes, and the trial court’s findings were sufficiently supported by the evidence and thus not “clearly erroneous.” Demoulas v. … It is established that “[u]nless otherwise qualified by express language, a financing condition clause presupposes that the buyers will accept commercially reasonable loan terms.” Lynch v. Andrew, 20 Mass. App.

Blood v. Kemp

21 Mass. 169 · Massachusetts Supreme Judicial Court · Oct 20, 1826

We think the question in this case wholly turns upon the construction to be given to the St. 1783, c. 42, which defines and limits the powers of justices of the peace, and establishes their jurisdiction in civil actions. … this rule, to exclude cases which come equally within the words and the spirit, by narrowing the force of terms, upon some supposed intention to limit and qualify them.

In Re the Receivership Estate of Indian Motorcycle Manufacturing, Inc.

299 B.R. 8 · District Court, D. Massachusetts · Jun 6, 2003

Only expenses that are “an integral part of a business” qualify as ordinary and necessary expenses. Allen v. C.I.R., 283 F.2d 785, 790 (7th Cir.1960). … This statement clearly categorizes the IMMI shares as “investment.” The series A and B certificates do not contain this language.

Lynn Physical Therapy, Inc. v. Commerce Insurance

2011 Mass. App. Div. 107 · Massachusetts District Court, Appellate Division · May 4, 2011

shall specify so much of it as is true and qualify or deny the remainder.” … The defense of noncooperation was clearly established, and summary judgment was properly allowed. Judgment affirmed. So ordered.

Bates v. Kender

537 F. Supp. 2d 281 · District Court, D. Massachusetts · Feb 21, 2008

The marginal relevance of that section of the Report is, therefore, clearly outweighed by the danger of unfair prejudice. … Defendants’ Motion in Limine to Have Court Deem Established the Fact of Plaintiff’s Convictions (Docket No. 67) Defendants move this Court to deem established the conviction of Bates for assault and battery.

Wing v. Commonwealth

359 Mass. 286 · Massachusetts Supreme Judicial Court · Apr 15, 1971

The witness’s testimony established that he was fully familiar with the property, having “sold qmte a lot of property down in that vicinity,” and that he had seen the bog several times in ten years. “ The modern and more … The admission of such evidence is clearly discretionary with the trial judge. Congregation *292 of the Mission of St. Vincent de Paul v. Commonwealth, 336 Mass. 357, 359 . Brush Hill Dev. Inc. v.

Massachusetts v. United States Department of Health & Human Services

698 F. Supp. 2d 234 · District Court, D. Massachusetts · Jul 8, 2010

for federal funding, the Secretary of HHS must approve a “State plan” describing the nature and scope of the MassHealth program. 80 Qualifying plans must meet several statutory requirements. 81 For example, qualifying plans … Indeed, this rubric was once explicitly disavowed by the Supreme Court in the governmental immunity context in Garcia v. San Antonio Metro.

Billingham v. Simpson (In Re Simpson)

334 B.R. 298 · United States Bankruptcy Court, D. Massachusetts · Mar 31, 2005

Stated otherwise, the Court may dismiss “only if it clearly appears, according to the facts alleged, that the plaintiff cannot recover on any viable theory.” Correa-Martinez v. … established by the complaint.

Kelly v. United States

737 F. Supp. 711 · District Court, D. Massachusetts · May 21, 1990

Throughout the time relevant in this case, the DEA promulgated an internal security manual which established the intra-agency rules for employee integrity. 1 The purpose of this manual, among other things, was to establish … The FTCA acts as a limited waiver of sovereign immunity by the United States government.

Langhammer v. Hamilton

194 F. Supp. 854 · District Court, D. Massachusetts · May 31, 1961

That the concealment of this type of information by an alien applying for entrance into the United States is material is clearly proved by Duran-Garcia v. … Plaintiff’s membership in the Communist Party of a foreign State prevents his coming within the class of persons described in 8 U.S.C.A. § 1251 (a) as amended, and for that reason he cannot qualify for relief by reason of